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S2136 (ACTIVE) - Summary

Directs the commissioner of health to develop screening tools and procedures to be used by health care providers to detect elder abuse or maltreatment in their patients.

S2136 (ACTIVE) - Sponsor Memo

BILL NUMBER: S2136
TITLE OF BILL : An act to amend the public health law, in relation
to screening for elder abuse and maltreatment
PURPOSE :
This legislation will require the Commissioner of Health to develop a
screening tool to identify abuse in elderly individuals that may be
used by health care providers.
SUMMARY OF PROVISIONS :
Section 1: Amends the Public Health Law to add a new Article 19.
Article 19 will require the Commissioner of Health to develop a
screening tool to identify various forms of abuse or maltreatment in
elderly patients that may be used by health care providers during
courses of treatment, including but not limited to, annual physical
exams or patient screenings under the uniform assessment system for
long term care.
Section 2: Establishes the effective date.
JUSTIFICATION :
Elder abuse has emerged nationally as one of the most underreported

crimes. It has been noted that elderly victims who are experiencing
abuse from loved ones, friends, or neighbors will often refuse help
out of fear, embarrassment, or the desire to protect their abuser.
Often this will lead to the continuation of cases that compromise the
financial, physical, and mental health of victims. It cannot be
overstated that these cases have very real impacts and can lead to
tragic consequences. In fact, it has been noted that elders who
experience abuse, even moderate in severity, have a 300% percent
higher risk of death when compared to those who have not been abused.
In fact, there are high correlations between elder abuse and
maltreatment with hospitalization rates, readmissions, and as
aforementioned, the mortality of victims. Because health care
practitioners are in the unique position of seeing patients at regular
intervals, as well as developing long-term relationships of trust,
they have significant opportunities to help identify elder abuse and
maltreatment.
Given the trust and rapport developed through the relationship between
provider and patient, national healthcare agencies, including the
Centers for Medicare and Medicaid Services (CMS) have begun
implementing measures that will increase identification and reporting
of suspected abuse across settings and provider types. In 2004, the
U.S. Preventive Services Task Force found that there were no reliable
screening tools available to identify abuse of elderly or vulnerable
adults in the primary care setting. As a result, CMS began to review
its physician quality reporting system measure, and introduced an
Elder Maltreatment Screen and Follow-up Plan.
As national entities continue to refine intervention techniques and
tools for providers to recognize abuse and maltreatment in the elderly
community, the state must begin to explore these issues and provide
proper guidance to our healthcare community as well. This legislation
will require the Commissioner of Health to develop a voluntary
screening tool for elder abuse and maltreatment for physicians,
physician assistants, and nurse practitioners, in order to encourage
screenings across settings at important intervals, including annual
physicals and as part of the uniform assessment system for long term
care. To that end, the tool will provide practitioners with guidance
that articulates, among other things, common definitions of abuse,
questions that may be used for those who have cognitive impairments,
and most of all, a list of resources that may be provided to those
patients identified as being victims of abuse.
Health care providers play an integral role in our communities,
particularly with respect to their ability to identify important
changes in the life conditions of their patients and their quality of
life. As the aging population continues to grow, we must support this
vital relationship between provider and patient with support and
information.
LEGISLATIVE HISTORY :
2016: S.6925 Passed Senate
FISCAL IMPLICATIONS :
None.
EFFECTIVE DATE :
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
2136
2017-2018 Regular Sessions
I N S E N A T E
January 12, 2017
___________
Introduced by Sen. SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the public health law, in relation to screening for
elder abuse and maltreatment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article 19
to read as follows:
ARTICLE 19
ELDER ABUSE AND MALTREATMENT SCREENING
SECTION 1900. LEGISLATIVE PURPOSE.
1901. ELDER ABUSE AND MALTREATMENT SCREENING.
§ 1900. LEGISLATIVE PURPOSE. THE CORRELATION BETWEEN ELDER ABUSE AND
MALTREATMENT WITH INCREASED HOSPITALIZATIONS, ADMISSIONS AND MORTALITY
HIGHLIGHTS THE NEED FOR INCREASED MEDICAL INTERVENTIONS, PARTICULARLY AS
NEW YORK CONTINUES TO IMPLEMENT NATIONAL HEALTHCARE REFORM INITIATIVES.
A SCREENING TOOL, TO BE UTILIZED BY MEDICAL PROFESSIONALS AT IMPORTANT
JUNCTURES IN THE LIVES OF THOSE SIXTY YEARS OF AGE AND OLDER, PRESENTS A
SIGNIFICANT OPPORTUNITY FOR TRUSTED MEDICAL PROVIDERS TO HELP IDENTIFY
HIGH RISK PATIENTS AND HELP TO ENSURE THEIR CONTINUED HEALTH AND SAFETY.
§ 1901. ELDER ABUSE AND MALTREATMENT SCREENING. 1. THE COMMISSIONER
SHALL ESTABLISH A SCREENING TOOL TO IDENTIFY ABUSE IN ELDERLY INDIVID-
UALS. PHYSICIANS, PHYSICIAN ASSISTANTS AND NURSE PRACTITIONERS MAY USE
THE TOOL TO ASSIST IN IDENTIFYING ABUSE OR MALTREATMENT IN THEIR ELDERLY
PATIENTS DURING THE COURSE OF TREATMENT INCLUDING, BUT NOT LIMITED TO,
ANNUAL PHYSICAL EXAMS OR AS PART OF PATIENT SCREENING UNDER THE UNIFORM
ASSESSMENT SYSTEM FOR LONG TERM CARE AS ESTABLISHED BY THE DEPARTMENT.
2. THE SCREENING TOOL SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. A UNIFORM INTERVENTION QUESTIONNAIRE WITH A COMMON SCALE THAT CAN
BE USED ACROSS HEALTH CARE ENVIRONMENTS AND POPULATIONS TO ASSIST IN THE
IDENTIFICATION OF HIGH RISK PATIENTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD04888-01-7
S. 2136 2
B. QUESTIONS THAT CAN BE USED FOR BOTH COGNITIVELY INTACT AS WELL AS
COGNITIVELY IMPAIRED INDIVIDUALS;
C. STANDARDIZED INTERVENTION PROTOCOLS INCLUDING SPECIFIC LANGUAGE AND
UNIFORM DEFINITIONS OF PHYSICAL, SEXUAL, EMOTIONAL, AND PSYCHOLOGICAL
ABUSE, IN ADDITION TO, NEGLECT, ABANDONMENT, FINANCIAL OR MATERIAL
EXPLOITATION, SELF-NEGLECT AND UNWARRANTED CONTROL;
D. A LIST OF RESOURCES TO ADDRESS THE NEEDS OF PATIENTS IDENTIFIED AS
BEING VICTIMS OF ABUSE; AND
E. DOCUMENTATION IN A REPORTABLE FORMAT THAT MAY BE USED BY THE PRAC-
TITIONER TO REPORT SUSPECTED ELDER ABUSE AND MALTREATMENT CASES TO THE
DEPARTMENT FOR THE PURPOSES OF TRACKING PREVALENCE.
3. THE SCREENING TOOL SHALL BE CULTURALLY AND LINGUISTICALLY APPROPRI-
ATE IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
SIONER.
4. PATIENTS SHALL NOT BE REQUIRED TO BE SUBJECT TO SCREENING IF THEY
REFUSE TO PARTICIPATE OR ARE IN AN URGENT OR EMERGENT SITUATION.
5. THIS SECTION SHALL NOT AFFECT THE SCOPE OF PRACTICE OF ANY HEALTH
CARE PRACTITIONER OR DIMINISH ANY AUTHORITY OR LEGAL OR PROFESSIONAL
OBLIGATIONS OF ANY HEALTH CARE PRACTITIONER.
6. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately.

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